This page contains
information on the terms and conditions for purchases
from The Furniture Market (TFM).
Last Updated 24th July 2007
These terms and conditions apply to all
purchases of any products from TFM. By using our website
and or placing an order with TFM you agree to be bound by all of
these terms, conditions and policies set out below or within our
website. TFM at its discretion reserves the right to
change / modify this website and terms and conditions at any time, see the
above date on this page for last updated date, therefore
please read these terms and conditions each time before placing a purchase
order.
Contents of the Terms &
Conditions
1. Definitions
2. General
3. Basis of Sale
4. Price & Payment
5. Description of Product(s)
6. Delivery
7. Acceptance of Product(s)
8. Cancellations & Returns
9. Data Protection & Privacy
10. Security
11. Liability
12. Intellectual Property
13. Law of Contract
1.
Definitions
1.1 -
"Product" means the goods and / or items you have specified.
1.2 - "Seller" means The Furniture Market.
1.3 - "Us", "We", "Our" means The Furniture Market.
1.4 - "Buyer" means the person who buys or agrees to buy
products from the seller.
1.5 - "You", "Your" means one of our customers,
buyers or those viewing
our website.
1.6 - "Price" means the final cost for the product excluding the
delivery charge.
1.7 - "Order" refers to your offer, as the buyer, to purchase
products from us. Whether electronically or via other
means.
1.8 - "Working Day" means every day of the year except weekends,
and English statutory and public holidays.
1.9 - "The Furniture Market" means us as a company called "The
Furniture Market" and any other connected organisation that
supplies the goods ordered by you and any successor to its
business.
1.10 - "Contract" refers to any contract between the
buyer and the seller for the sale and purchase of products
incorporating these conditions, whether completed electronically
through this website or via other means.
1.11 - "TFM
Address" refers to the sellers address. This address
is; The Furniture Market, Unit 2, Organsdale Farm, Kelsall,
Tarporley, Cheshire, CW6 0SR.
1.12 - "TFM" refers to the seller; The Furniture Market.
2. General
2.1 - We will
not and are not liable to any loss caused to you where
performance of any of our obligations to you is prevented,
frustrated or impeded by reasons out of our control, including
but not limited to acts of God, war, civil commotion, accident,
strikes, fire, trade disputes, unavailability of ordered
products from our supplier for whatever reason including
discontinuation of such products lines, import or export
restrictions or embargoes or any other cause not within
reasonable control of The Furniture Market.
2.2 - To the extent permitted by law, we
accept no liability for any loss, damage or injury arising as a
consequence of the advice provided.
2.3 - If any part of these terms and conditions are found to be
unenforceable as a matter of law, all other parts of these terms
and conditions shall not be affected and shall remain in force.
2.4 - We cannot guarantee that the appearance and/or colours of
products shown on this site exactly reproduce the appearance
and/or colours of the physical products themselves and that all
sizes and measurements quoted are approximate.
2.5 - These terms and conditions and any contract between us and you shall be governed by and construed in
accordance with English and Welsh law and the English & Welsh Courts shall have
jurisdiction over any disputes between us.
2.6 - Provided that if if any event referred to in clause 2.1
continues for a period in excess of 30 days, the Buyer will be
entitled to give notice in writing to terminate the contract.
2.7 - Any notice required or permitted to be given by either
party to the other under the conditions shall be in writing and
in the case of notices to the seller, addressed to the seller at
its address or in the case of notices to the buyer, at the
buyers' address as provided to the seller.
2.8 - No responsibility will be accepted for goods used within a
contract environment i.e. public houses, Clubs, Restaurants,
etc.
2.9 - We take no responsibility for printing errors on this
website.
3. Basis of Sale
3.1 - Subject
to the buyer's right to cancel the Contract, included in clause
8, the seller shall sell and the buyer shall buy the products in
accordance with the confirmation. No contract exists
between the buyer and the seller for the sale of any products
until the seller has received, processed and confirmed the order
and the seller has received payment in full, (cleared
funds). Once the seller does so, there is a legally
binding contract between the buyer and the seller.
3.2 - The buyer may not assign the contract or any part of it
without prior written consent.
3.3 - The seller may assign the contract or any part of it to
any person, firm or company.
3.4 - The description of the goods orders shall be set out in
writing in the confirmation sent from the seller to the buyer.
3.5 - Any item that is not the specified product in the product
description on the web page, and that appears in any photograph
or illustration on the website, will not form part of this
contract. An example is other pieces of furniture and
furnishings that can be seen in the pictures depicting the item
in question in a natural setting. Such information is for
illustration purposes only and may not comprise part of the
products.
3.6 - When you the buyer click on "Check Out" on the "Shopping
Cart Page", you offer to buy the goods at the prices indicated
including any additional delivery charges that apply to your
purchase.
3.7 - If your order is accepted, you will be notified of this
soon after you submit your order by clicking "Complete Order".
If any errors are made without us being aware we reserve the
right to cancel the order as set out in clause 8.7.
3.8 - Any acceptance of an order placed from outside the United
Kingdom (UK) mainland is not valid.
4. Price &
Payment
4.1 - The price you pay is the displayed price on this website
at the time we receive your order apart from if a price typing
error has been made by us, in which case you will be given the
option for a full refund or price correction.
4.2 - All product prices are in £ sterling and include VAT
(where applicable) but exclude delivery charges unless expressly
stated.
4.3 - If we make an error in the confirmation or in any
invoice or receipt, we have the right to correct
that error within 30 days of being notified of any error.
4.4 - Payment of the price shall be due on the date of the
purchase order. The order will not be processed and thus
confirmed without full payment of the order price.
4.5 - No payment shall be deemed to have been received until the
seller has received cleared funds. There will be no
delivery until cleared funds have been received.
4.6 - Payment can be made by any method specified at checkout.
We accept Paypal & mostly all credit and debit cards. We also
accept cheque, however the order will not be processed until we
receive cleared funds from the cheque.
4.7 - We take payment from your card at the time we receive your
order, once we have checked your card details and stock
availability. Goods are subject to availability. In
the event that we are unable to supply the goods, we will inform
you of this as soon as possible and you will be offered a full
refund if you have already paid for the goods.
4.8 - Payment shall be made by the buyer without any
deduction to the seller unless the buyer has a valid court order requiring
an amount equal to such deduction to be paid by the seller to
the buyer.
5. Description of Product(s)
5.1 - The description and the quantity of the products shall
be set out in the seller's order confirmation.
5.2 - We cannot guarantee that the appearance and/or colours of
products shown on this site exactly reproduce the appearance
and/or colours of the physical products themselves (due to
natural variations in the wood grain) and that all
measurements are approximates.
6. Delivery
6.1 - We shall not be
liable for any direct, indirect or consequential loss, costs,
damages, charges or expenses caused directly or indirectly by
any delay in the delivery of goods whatsoever.
6.2 - Delivery by our in-house delivery team will take
place between Monday - Saturday between 7am and 6pm and a time
slot will be allocated. If deliveries are made by an
external carrier these delivery times will be between the Monday
- Friday between the hours of 9am and 5.30pm and no time slot
can be allocated. Dates and times quoted for delivery are
approximate only and will be specified upon receipt of the
order. To help you plan, approximately two days prior to
the agreed delivery day our carrier will contact you to confirm
the day and an estimated time window if possible.
6.3 - Where an order contains more than one item, all
items will be delivered at the same time once all items are
available. It is at our discretion to deliver goods in
stages if we are waiting for goods to come into stock.
6.4 - There is only one delivery charge per order. This
delivery charge is automatically calculated according to the
total price of the products you have selected to buy; it doesn't
matter how many products you order and it will never total more
than £49 per order. You will be only be charged the cost
of the highest price delivery item. This delivery charge is shown at
checkout. Depending on the amounts ordered you will
receive free delivery (i.e. on all orders over £1,000).
6.5 - Delivery is only available to UK mainland addresses.
For deliveries to Northern Ireland, Scottish islands, Isle of
Man, Isle of Scilly, Jersey & Guernsey we will deliver to a
nominated mainland GB address, e.g. a port. Onward
shipping from that point is the responsibility of the buyer.
6.6 - The products the buyer orders will be delivered to the
address specified in the order unless otherwise agreed in
writing by the buyer and us.
6.7 - Goods will be deemed to have been delivered once
delivered to the specified address as detailed in clause 6.4 and
the we will not be liable to you for non-delivery of the goods.
We do not need to satisfy ourselves that the person accepting
delivery at the specified address is the buyer (or authorised by
the buyer to accept delivery of the goods).
6.8 - If
the buyer or any authorised person is not present to receive
the delivery by our carrier on the agreed date, re-delivery
may take place the next day and if not in on the re-delivery
we reserves the right to re-charge the buyer the delivery
cost up to a maximum of £49 to cover the cost of the failed
delivery.
6.9 - If the goods ordered by you are not available or
discontinued and if we are unable to deliver them to the you
within 30 days (or any other time limit agreed by the parties)
from the payment date, we shall inform you and you are able to cancel the
contract; and we will reimburse you with any sums paid by you.
6.10 - Any liability to you for the non-delivery of goods
shall be limited to replacing the goods within a reasonable time
or issuing a credit note or refund.
6.11 - The quantity and content of any consignment
dispatched is recorded by us and shall be conclusive evidence of
what you receive on delivery unless you can provide conclusive
evidence proving the contrary.
6.12 - All goods must be signed for, we accept no
responsibility once goods have been signed for at the requested
address. We are unable to deliver to unattended premises
or outside customer addresses (unless otherwise stated by the
you and at your own risk).
6.13 - Deliveries will be made by our own carriers or
external national carriers and will all be delivered by a single
person only and delivered up to your front door (further
delivery inside your premises will only be at the delivery
persons discretion). For very heavy items our delivery
person will require local assistance.
6.14 - Delivery
is normally 1-4 weeks but for some out of stock items it can take longer.
If however your delivery exceeds 30 days from the time of
payment, you are entitled to a full refund.
7. Acceptance of Product(s)
7.1 - The buyer shall
be deemed to have fully accepted the products 7 working days
after delivery to the specified address.
7.2 - After acceptance the buyer shall not be entitled to
reject products which are not in accordance with the contract.
7.3 - Upon acceptance, if the products appears to be
damaged in any way, notification via written form has to be
given to us within 2 days of product acceptance. Otherwise
the product will be deemed to of been damaged by the buyer and
thus we are not liable and take no responsibility whatsoever.
8. Cancellations & Returns
8.1 -The buyer has the
right of cancellation within 7 days of delivery, except where a
product has been made to order and is without fault.
8.2
- The buyer must give written notice to us by letter
or e-mail giving details of the products ordered and reason for
cancellation or return. Notification by phone is not
sufficient.
8.4 - Once we have been notified of the cancelling of the
contract, we will refund or re-credit the buyer within 30 days
for any sum that has been paid by or debited from the buyer for
the product.
8.5 - If we have delivered the products to the buyer and
the buyer wants to cancel the contract, as described in clauses
8.1 & 8.2, the buyer must retain possession of the goods until
the cancellation notice has been sent to us within the relevant
time limit. The products cannot be used and must be in the
exact condition as they were delivered, including packaging.
The buyer is ultimately responsible for returning the
products to us at the buyers own cost. The products must
be returned to the TFM address in the definitions section.
If the products are returned in a different, used or damaged
state to that of when they were delivered then a full refund
will not be given. Alternatively, we will organise for the
goods to be collected on a mutually convenient date. in
this case, the buyer will be re-credited with a full refund
minus the exact cost of collecting the goods. Only upon
acceptance by us of the returned goods will a refund take place.
8.5 - If the buyer does not cancel the contract in
accordance with clauses 3.1 & 3.4, the buyer shall be deemed to
have accepted the goods (except for manufacturing faults) and
will not be liable to return the goods to us.
8.6 - We recommend that if returning goods to us, you use
a recorded-delivery service as we are not responsible for any
goods until they have been returned and received.
8.6 - Your rights to return goods are protected under the
EU Distance Selling Directive.
8.7 - We reserve the right to cancel any contracts
between you and us if we so desire and for whatever reason.
9. Data Protection &
Privacy
9.1 - We are fully
committed to protecting your privacy. We will only use the
information that we collect about you lawfully and in accordance
to the Data Protection Act 1998.
We only collect information about you to process your
order. We will not e-mail you in the future unless you
have given us your consent.
9.2 - We do not disclose your information to third
parties other than when order details are processed as part of
the order fulfillment. In this case, the third party will
not disclose any of the details to any other third party.
9.3 - We will take all reasonable precautions to keep the
details of your order and payment secure but unless we are
negligent, we will not be liable for unauthorised access to
information supplied by the you.
10. Security
10.1 - Your financial
security is paramount to us, that is why we use
World Pay. You are able to
buy any of our products using any of the major debit and credit
cards presented below. All of our transactions are
processed live online using a Highly Secure SSL web server and
payment gateway provided by World Pay.
10.2 - Using World Pay
you can be confident that your card details are processed
securely and correctly through one of the world's most respected
online credit card payment gateways that are a subsidiary of the
Royal Bank of Scotland.
11. Liability
11.1 - Our total
liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise,
arising in connection with the performance or contemplated
performance of this agreement shall be limited to the price paid
for the products.
11.2 - Nothing in these terms and conditions limits or
excludes the our liability for death or personal injury caused
by our negligence or fraudulent misrepresentation, or any other
liability which may not otherwise be limited or excluded under
applicable law.
11.3 - Along side clause 2.1, we shall not be liable to
the buyer for any indirect or consequential losses or costs
whatsoever, however caused which arise out of or in connection
with this agreement.
12. Intellectual Property
12.1 - Copyright material appears on this website which is
our property or the property of our content and technology
providers or their respective owners. We do not give
permission for you to re-publish, alter, transmit or otherwise
copy any material on this website, but you may download
information form this website for your personal use. No
copying, re-distribution, publication or commercial exploitation
will be permitted without our permission and that of the
copyright owner.
12.2 - The trade mark "The Furniture Market" and
"interior solutions at unbeatable prices" and any other designs
and logos are the property of their respective owners.
13. Law of Contract
13.1 - This contract
shall be governed by the law of England and Wales and any
dispute, question or remedy howsoever arising determined
exclusively by the Court of England and Wales.
If you have any questions
regarding any aspect of our terms and conditions please
email us
If you do not agree with our
terms and conditions, please call us to discuss before any
orders are placed..